SOAS, University of London (The School of Oriental and African Studies)

Overview

Name:

Mr Chifundo Kachale

Email address:

ckachale@yahoo.com

Thesis title:

Judicial (In)activism in Malawi? A Critical Analysis of the Impact of Constitutional Jurisprudence on Constitutionalism and the Rule of Law

Year of Study:

Year of Entry 2008

Internal Supervisors

• Mashood Baderin

PhD Research

By examining the impact of judicial interpretation on constitutional development this study should offer a fresh perspective on constitutionalism in Malawi. Because of the central place of the courts in the Malawian constitutional design it is useful to focus some discussion on their decision-making methodology. The study will entail a normative evaluation of empirical judicial data. However, one key theoretical premise underlying the discourse is the legitimacy of consultative constitution-making processes. (This should provide a basis for launching into a brief discussion of various constitution-making theories and how that might affect judicial interpretation. Again that leads the way to looking at different constitutional interpretation methodologies. One needs to underscore the fact that Malawi’s Constitution makes reference to its ‘peculiar nature’).